One can certainly understand why Ryan Adams is a bit confused in Pflugerville, Texas. After a dove hit the side of his house and broke its neck, Adams decided to eat it. He proceeded to post a picture and the recipe on cooking the Texas white-winged dove on the Internet. The doves are killed in the thousands by hunters in the U.S. and Mexico during this season. However, because he did not shoot the dove himself with a license, he has found himself the target of the Texas Parks and Wildlife Department.
Texas Parks and Wildlife spokesman Steven Lightfoot said that Adams should not have eaten the bird but surrendered it to a wildlife official (though I find it a bit odd that such an official would send out a truck to collect one dead dove). Lightfoot insisted “It is illegal to possess any wildlife resource that has not been taken legally. By legal I mean there are certain means and methods… you have to have a hunting license and you have to have the appropriate weapon and ammunition.” It appears that the side of your house is not an approved weapon.
I was not able to find a regulation expressly prohibiting the eating of a covered animal that died from a non-hunting accident. Indeed, even some restaurants have been known to serve up roadkill as the mystery meat du jour.
An investigation is now in the field. The corpus delicti however proved too delicious. Instead, the investigators are relying on the pictures. It appears that even a finding that the dove was suicidal will not be a defense. Self-defense seems out of the question. You can apparently kill and eat other “nuisance fur-bearing animals, depredating hogs or coyotes.” Presumably, Adams could have waited for a coyote to eat the dove and then eat the coyote like a version of a Turducken — a Dovote.
What do you think about the rule on eating doves that die from natural causes? Should it be treated as a violation.
Source: CBS
You’ll notice an increase in birds hitting windows when the trees w/ berries start fermenting. Birds can’t handle their alcohol.
“Indeed, even some restaurants have been known to serve up roadkill as the mystery meat du jour. ”
I recently got into a disagreement with a deer as to which of us should be in the Northbound Lane of I-25 in northern WY. When I called my wife to tell her, her first question was “Is any of the meat still useable?”
Nothing wrong with eating roadkill.
Bron,
“Birds hit my windows all the time so it is not an unknown phenomena”
There’s people that make and sell stickers to put on your windows to keep this from happening.
“I find the interpretation of the law to be” bureaucratic nonsense. The DNR can have some gestapo in them. There was a Federal Game Warden in Wi. who would always be bringing cases of this nature to the US Attorney offices in Wisconsin. He was known as “Barney Fife” by AUSA’s.
Darren,
Exactly and the point where someone exceeded both their authority and good discretion.
Perhaps it might be helpful for the game department to read its own regulations first and arrive at what is known as the spirit of the law:
Texas Uniform Wildlife Regulatory Act
Sec. 61.060. DEFENSE TO PROSECUTION: HUMANE DISPATCH OF CERTAIN GAME ANIMALS AND BIRDS.
It is a defense to prosecution for a violation of this chapter or of a regulation adopted or proclamation issued under the authority of this chapter by the commission that the actor dispatched a game animal or game bird that:(1) was mortally wounded, not through the actor’s conduct;
Then we have the section of killing of wildlife off season:
Sec. 62.010. EXCEEDING BAG LIMITS, HUNTING DURING CLOSED SEASON, ETC.; PENALTY.
.(c) No person may kill, take, capture, wound, or shoot at any game bird or animal for which no open season is set out by this code.(d) No person may possess an illegally killed game bird or animal.
I do not see any act by the accused where he “Illegally killed [a] game bird or animal” The bird’s death was caused by collision with a window. I don’t see any jursdiction of the state in the matter.
Frankly: You must be a govt bureaucrat. That would explain a lot of the other nonsense spewing from your “pen” as well.
Michaelb 1, October 12, 2012 at 10:06 am
And if it was an “in your face wardens” attitude, you need to know Texans why the hammer came down.
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Shoot it with a rifle, then stick an arrow in it. That’s eastern Oregon. Stay in Texas. I never did that.
“I’m telling you the Laws are ridiculous.”
This isn’t a bad law issue (although you could argue vagueness, I don’t think that argument would pass the technical criteria).
This is a bad enforcement issue. Enforcement in instances like this is discretionary. The failure squarely lay with the enforcement. Speaking of which, according to the source material . . .
“Update October 12, 2012 – Captain Scott Jurk, a Texas Parks and Wildlife game warden, says, ‘Texas Parks and Wildlife will not be pursuing any charges against Ryan Adams in this case.'”
I think Frankly has the best reason for investigation. And if it was an “in your face wardens” attitude, you need to know Texans why the hammer came down.
When asked about the taste, the guy said it was a cross between a bald eagle and a spotted owl.
First there was road kill, now we have abode kill.
Yes and maybe the bird was with a crooked eyesight and had intended to hit the neighbors house, and that Ryan Adams should have offered to share the meal with the neighbor, or even the potential hunter who maybe killed it !!
I’m telling you the Laws are ridiculous.
Amen, Gene H. I’d make the guy clean up road kill for a month.
Frankly,
“People cheat.”
Sure they do, but for a dove? I can see dodging the wardens with larger game, but a single dove? That’s barely even a full meal for one. Honestly I think the guy deserves credit for frugality and making a teaching opportunity out of an act of God and the wardens need to find something better to do with their time. If I were their boss? I’d be pissed about something like this.
The problem is that there is no way at this time to determine if the bird really hit the window or if was hit by some #8 shot. We have that problem around here occasionally, particularly during the bow hunt deer season. Game wardens checking find bullet holes in the carcass along with an arrow. People cheat.
Now the game people may have over reacted a bit and maybe a few questions would have settled the matter but I bet the state has a law about reporting dead game animals and a procedure by which the guy could have legally claimed the dove. So the game people are in a bit of a bind but I don’t think it is as cut and dried as some people would like it to be.
Poor Dove. It really isn’t worth much. There was an Oriole who wouldn’t keep fighting with himself against the window. Stupid bird wouldn’t give up. The Oriole kept attacking his own reflection.
Morons.
This sort of nonsense appears to be becoming more common.
Bureaucrats see laws as matters to be enforced to the letter, regardless of sense.
They seem to have no concept of the purpose of laws. Their minds can only grasp the literal meaning.
Perhaps bureacrats are terrorised into a position of protecting their asses from their bureaucrat superiors – who would penalise them for not acting like soulless unimaginative morons.
The best than could be said for Lightfoot is that he is an automaton.
Certainly the situation points to a stupidity in the park service that can only be damaging to society.
Stupid gets as stupid makes.
Laws and regulations are confusing all situations and the law enforcer too, who either goes in over gear of assume ! The citizens too.
Give us a break.
the park service is out of control.
Birds hit my windows all the time so it is not an unknown phenomena, assuming Texas birds are as stupid as the birds in this state. Which is probably a valid assumption.